90,000+ Legal Questions Answered

False Domestic violence case file by daughter in law after son files divorce False Domestic violence case file by daughter in law after son files divorce

3 years ago

can wife file domestic violence case against husband and in laws after divorce file by husband. If yes then please let me know that it is possibility that police can arrest husband and in laws? Or how to handle such situations??

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
In Domestic Violence case there can be no arrest. It can be challenged before High Court and get stay order as it is filed after filing divorce case by the husband.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.yes she can file cases after divorce is filed.
else half india will file divorce to avoid cases.

confirm if its DV case or 498A case also.
for DV, no arrest. your lawyer can help.
for 498A and other criminal charges, have to take anticipatory bail.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sukhvinder Kaur

Responded 3 years ago

A.hi,
yes, wife can file domestic violence case aganist husband and in-laws.
In domestic violence case police don't arrest anyone.
arrest is only on violation of protection orders.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
During the divorce the wife can bring out a claim for domestic violence but it cannot be proved without any evidence.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
During the divorce the wife can bring out a claim for domestic violence but it cannot be proved without any evidence.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWife torture
Dear Sir, Normally, a married person cannot go for divorce within one year of marriage provided there are instances like as stated by you. If you are not comfortable with your wife and seem that there...
question iconParental domestic abuse
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly and alcoholic father who subjected you and other family members to mental and physical torture tha...
question iconDomestic voilence
Dear Client, You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
question iconFamily issuw
Dear Client, If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
question iconcrpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005 12. Application to Magistrate.— (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...